Law & Justice

Ninth Circuit Affirms BLM’s Flexibility in Wild Horse Removal Plans

By TOI World Desk

On October 29, the U.S. Court of Appeals for the Ninth Circuit upheld a lower court ruling that the Bureau of Land Management (BLM) does not have to set a fixed timetable for gathering and removing excess wild horses. The court held that the Wild Free Roaming Horses and Burros Act requires removal as promptly as is logistically and reasonably possible, while also allowing consideration of humane treatment and other statutory factors. The case involved the Gather Plans for the Little Fish Lake Joint Management Area and the Stone Cabin Complex in Nye County, Nevada. Ranchers Colvin & Son, LLC and Stone Cabin Ranch had argued that the plans violated the Act because they did not include a specific schedule for initial gathers. The Ninth Circuit disagreed, finding that the plans met the Act’s immediacy requirement. The court rejected the ranchers’ claim that the absence of a mandated timetable made the agency action unlawful, noting that the ranchers had not alleged that the BLM had acted too slowly in practice. The decision confirms that federal officials can balance removal goals against practical realities, including animal welfare and logistics, without imposing a rigid deadline. The ruling preserves the BLM’s discretion to structure future gathers around on‑ground conditions and available resources, while the ranchers’ appeal is dismissed at the appellate level. The decision clarifies that the law’s call for immediate removal is not a demand for instant action but a requirement to act as promptly as reasonably possible while respecting humane treatment and other statutory considerations.